Mere Issuance Of Hall Ticket Based On Defective Application Will Not Create Right To Write Examination: Kerala High Court
The Kerala High Court dismissed a Writ Petition of a Kerala Public Service Commission (KPSC) aspirant who was denied the opportunity to take her examination for the position of Assistant Public Prosecutor. Although she was issued a Hall Ticket, she was not allowed to write the exam because her original application had a defect. The Court noted that merely because the Hall Ticket was issued, it does not guarantee the right to appear for the exam, particularly if there are any defects in the application that were not known to the PSC Authorities.
Justice Devan Ramachandran observed, “The said application, therefore, is legally defective and could never have been acted upon by the PSC; and hence merely because the petitioner was issued a Hall Ticket based on the same by the PSC, being unaware of the said defect, it would not obtain to her any right to write the examination”.
Advocate P.V. Vibin appeared for the Petitioner and Standing Counsel P.C. Sasidharan appeared for the Respondent.
The Petitioner applied for the position of Assistant Public Prosecutor via the Kerala Public Service Commission (KPSC). She had received a Hall Ticket but was refused the opportunity to take the exam as her photo was deemed defective due to the lack of her name and the application date. The Petitioner contended that the KPSC should not have issued them a Hall Ticket if there was any defect in her application. She requested for either the cancellation of the exam or the issuance of a special chance to write the exam.
The Court referred to the case of Kerala Public Service Commission v. Reshmi K.R. and others [2019 (5) KHC 875] and observed that the application was legally flawed and could not have been considered by the KPSC. The Court further emphasised that such a situation could be avoided by the KPSC.
“That said, the grievance of the petitioner is also justified because once she had been issued with a Hall Ticket, she was perhaps certainly put to ridicule when she went to the examination hall and then denied opportunity to take part in it. This certainly ought to have been avoided by the PSC; and I am certain that this will be kept in their mind in future exercises”, the Court noted.
Accordingly, the Court dismissed the Writ Petition.
Cause Title: Adv. Hasna Mol N.S. v. Secretary, Kerala Public Service Commission & Ors. (2023:KER:46963)